Situation:
The client is a municipality. It constructed a sidewalk and bike path on land originally owned by the state. This land was subsequently purchased by a private owner who sought to close this pathway (intending to fence the land) or was clearly looking for a way to sell the entire land to the municipality at an excessive profit.
Client’s Request:
The task was to devise a way to ensure that the road would not be closed by the private owner.
Our Solution:
We submitted a proposal to the road authority to determine that a public purpose road exists on the land.
Result:
We obtained a decision favorable to the client. General use of a purpose-built road means that anyone may use this road free of charge—within the limits of regulations governing road traffic and under conditions set by the Road Act—in a customary manner and for the purposes for which the road is intended. This suits the client, as it means the land can no longer be legally fenced off or otherwise restricted, ensuring the communication needs of the municipality’s citizens.